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motor tax - court summons

  • 09-01-2011 9:49pm
    #1
    Banned (with Prison Access) Posts: 3,838 ✭✭✭


    Hi I wonder can anyone give me advice on this.

    I got a fine for non display of a tax disc while in a public place. I put it on the long finger stupidly and by the time I rang to pay it had gone over the time. I've now received a court summons.

    The facts at the time were:

    I had bought the car two months previously and it was taxed by previous owner for this two months, so it was my first time taxing it when this happened, this is what caused the little delay as I had to get a new pin posted out to me to tax it.
    I had taxed the car online, and was waiting for the disc in the post. So the car was actually taxed at the time of the fine, just no tax disc in the car, and was sitting outside my house on the street.

    I know it was parked in a public place but it's my parking space! Does any of this make any difference?
    I'm bricking a huge fine, as financial circumstances are not great.

    Also, if I get a big fine do they make you pay in one lump, or installments?


Comments

  • Registered Users, Registered Users 2 Posts: 1,160 ✭✭✭bmw535d


    if you go to court and can prove that the car was taxed at the time of the fine and the tax disc was in the post, the judge will strike out the case.


  • Registered Users, Registered Users 2 Posts: 51,360 ✭✭✭✭bazz26


    The OP got a fine for not displaying a current valid motor tax disc in a public place. The fine wasn't paid within the time frame allowed resulting in a court summons. Whether the car was taxed at the time makes no difference in this case imo as that is not the offence that the OP was fined for.

    I could see a judge argue that the OP could have payed the motor tax on time via another method other than online rather than wait for a PIN to be posted out and then wait for the new disc to be posted out. This is why the motor tax reminder form is posted out a few weeks before the tax expires. A judge could also argue that the OP then had ample time to pay the incurred fine and be done with the matter rather than wait for it to snowball into a court summons.

    Not sitting on my high horse here wagging my finger but OP I think you really have made this very difficult for yourself when it didn't need to be. Whatever about pleeding your case about waiting for PIN, I don't think imo that putting the fine on the long finger will wash with the judge.

    Just my take on it.


  • Banned (with Prison Access) Posts: 3,838 ✭✭✭midlandsmissus


    bazz26 wrote: »
    The OP got a fine for not displaying a current valid motor tax disc in a public place. The fine wasn't paid within the time frame allowed resulting in a court summons. Whether the car was taxed at the time makes no difference in this case imo as that is not the offence that the OP was fined for.

    I could see a judge argue that the OP could have payed the motor tax on time via another method other than online rather than wait for a PIN to be posted out and then wait for the new disc to be posted out. This is why the motor tax reminder form is posted out a few weeks before the tax expires. A judge could also argue that the OP then had ample time to pay the incurred fine and be done with the matter rather than wait for it to snowball into a court summons.

    Not sitting on my high horse here wagging my finger but OP I think you really have made this very difficult for yourself when it didn't need to be. Whatever about pleeding your case about waiting for PIN, I don't think imo that putting the fine on the long finger will wash with the judge.

    Just my take on it.
    No, I know. Of course I am kicking myself for not paying it! WAs just wondering if any of the above would affect my case. Do you know do you have to pay in one installment or will they set out a payment plan? Really worrying about this. Also does this go on some sort of record?


  • Closed Accounts Posts: 556 ✭✭✭ligertigon


    Just go to court and see what happens, its done now, and maybe learn from it not to get caught like everyone else:)

    Maybe knock your wall down for a driveway???

    bazz is right, up to logic and the judge.

    If you want revenge on the system, you could not pay a fine(if applicable), go to jail, and cost the taxpayer more in the long run........:p

    Stop worring about it pal


  • Banned (with Prison Access) Posts: 32,865 ✭✭✭✭MagicMarker


    You bought the car two months previously, why did you have to ring to get a new pin? Once the car is in your name you should have got the tax reminder well in advance.

    TBH, if you're ''bricking'' a huge fine then you should have made sure to pay the 1st one on time.

    I can't see the judge striking out the case tbh seeing as you failed to pay the original fine.


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  • Registered Users, Registered Users 2 Posts: 1,570 ✭✭✭Builderfromhell


    The fine, if any, will only be about 100 euro.

    if you can talk to the Garda who put the ticket on your car and explain the situation s/he may withdraw the case.


  • Moderators, Business & Finance Moderators, Science, Health & Environment Moderators, Society & Culture Moderators Posts: 51,690 Mod ✭✭✭✭Stheno


    The fine, if any, will only be about 100 euro.

    if you can talk to the Garda who put the ticket on your car and explain the situation s/he may withdraw the case.

    +1 same happened to me years ago no tax disc, and failed to present within ten days, so got a summons.

    Got onto the guard and proved the car was taxed and he let it go.


  • Registered Users, Registered Users 2 Posts: 1,314 ✭✭✭Technoprisoner


    if you can prove when you paid for the tax it will be thrown out...contact the garda involved but still turn up for court even if he says you dont have too


  • Registered Users, Registered Users 2 Posts: 977 ✭✭✭Wheelnut



    I know it was parked in a public place but it's my parking space!

    :eek: How can it belong to you if it's public? If someone falls there will they sue you or the council?


  • Banned (with Prison Access) Posts: 3,838 ✭✭✭midlandsmissus


    You bought the car two months previously, why did you have to ring to get a new pin? Once the car is in your name you should have got the tax reminder well in advance.

    TBH, if you're ''bricking'' a huge fine then you should have made sure to pay the 1st one on time.

    I can't see the judge striking out the case tbh seeing as you failed to pay the original fine.

    I didn't get a reminder letter. I had to swap details online.
    Yeah I should have paid it in time, would have saved me alot of heartache. My job is up in a month so that's why Im worried about paying it now.
    I will get onto the guard and see what he says, thanks for that bit of advice.
    Otherwise I will just face up to it, thanks for the advice guys.


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  • Closed Accounts Posts: 899 ✭✭✭djk1000


    Once you can show the car was taxed, you might get a slap on the wrist, or a small fine or something, or even have it thrown out. You were not driving the car untaxed, so what you did is on the lower end of the scale. Lesson learned!

    Turn up in court, don't over explain it as it will look like you're making excuses, just say that you had nowhere else to park, you weren't driving and in fact the car was actually taxed at the time but the disk was in the post and the fine slipped your mind, finish by apologising for using up the courts time. Leave the explanation there and don't go on about pins.

    If you do get fined, explain to the judge that you don't have the ability to pay in one go and make a reasonable offer of two or three installments. Do up a statement of your income and expenditure to show the judge that you're hard up.


  • Registered Users, Registered Users 2 Posts: 3,235 ✭✭✭Dave147


    Sorry to derail, my car is parked in a public place and I was waiting on Quinn to send me out insurance and tax disc holders so I just put the tax disc on the windscreen where it could easily be seen.

    I got a fine for non display which is fair enough as the disc was after falling off the windscreen and onto the floor without me realising it. I can prove that the car was taxed when the fine was issued. I also have 4 days left to appeal, I'm guessing the appeal will be successful but does anyone know for sure?


  • Closed Accounts Posts: 4,445 ✭✭✭Absurdum


    apologies in advance for the sort-of-OT rant but 2 things........

    1. There is a record of whether a car is taxed or not, that's how we get those nice timely reminders when it is due to expire. Surely it isn't beyond the realms of possibility to have a system in place to verify before wasting time and money dragging this through court.

    2. The usual put it on the price of fuel argument. Then the OP wouldn't need to worry about their predicament, the Gardai won't be wasting their time and resources on rubbish like this, nobody can dodge it.

    Bureaucratic nonsense like this grinds my gears!


  • Posts: 23,339 ✭✭✭✭ [Deleted User]


    Dave147 wrote: »
    Sorry to derail, my car is parked in a public place and I was waiting on Quinn to send me out insurance and tax disc holders so I just put the tax disc on the windscreen where it could easily be seen.

    I got a fine for non display which is fair enough as the disc was after falling off the windscreen and onto the floor without me realising it. I can prove that the car was taxed when the fine was issued. I also have 4 days left to appeal, I'm guessing the appeal will be successful but does anyone know for sure?

    Tat's a really really terrible excuse, they are widely available. If I was you I would just pay the fine and be done with it.


  • Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭Hooch


    if you can talk to the Garda who put the ticket on your car and explain the situation s/he may withdraw the case.

    Best advice here.....

    Alot can be sorted with a good attitude and chancing the Garda with, im sorry any chance you could help me out??


  • Closed Accounts Posts: 155 ✭✭feelites


    OP if u can prove that u had your disc in the post and car was taxed then u will be more likely free to get back home without any fine

    even with the fine of 50e u should be happy there wont be any higher fine imo


  • Registered Users, Registered Users 2 Posts: 9,208 ✭✭✭keithclancy


    I still don't get why the system is reliant on 3 bits of sh!tty paper on the windscreen to ensure Tax/Insurance and NCT is up to date.

    You can pay all of them online, why not check the electronic system.


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